[Federal Register: April 16, 1998 (Volume 63, Number 73)]
[Notices]               
[Page 18883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap98-32]

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DEPARTMENT OF COMMERCE

International Trade Administration
[A-583-806]

 
Certain Small Business Telephone Systems and Subassemblies 
Thereof From Taiwan; Notice of Court Decision

AGENCY: International Trade Administration, Import Administration, 
Department of Commerce.

SUMMARY: On February 25, 1998, the Court of International Trade 
affirmed the Department of Commerce's remand determination in Taiwan 
International Standard Electronics, Ltd. v. United States, Court No. 
92-08-00532, and Tecom Co., Ltd. v. United States, Court No. 92-08-
00538. These cases involve litigation challenging the Department of 
Commerce's final results of the August 3, 1989, through November 30, 
1990, antidumping duty administrative review of certain small business 
telephone systems and subassemblies from Taiwan. This Court decision 
was not in harmony with the Department's original determination in this 
review.

EFFECTIVE DATE: April 16, 1998.

FOR FURTHER INFORMATION CONTACT: Charles Riggle, Office 2, Group 1, AD/
CVD Enforcement, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., N.W., Washington, D.C. 20230, telephone: (202) 482-
0650.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 1992, the Department published notice of its final 
results of antidumping duty administrative review of certain small 
business telephone systems and subassemblies from Taiwan, covering the 
period August 3, 1989, through November 30, 1990. Certain Small 
Business Telephone Systems and Subassemblies Thereof From Taiwan; Final 
Results of Antidumping Duty Administrative Review, 57 FR 29283 (July 1, 
1992). In these final results, the Department determined dumping 
margins of 129.73 percent ad valorem for Taiwan International Standard 
Electronics, Ltd. (TAISEL) and 18.10 percent ad valorem for Tecom Co., 
Ltd. (Tecom) for the period of review (POR). Following publication of 
the Department's final results, TAISEL and Tecom filed lawsuits with 
the Court of International Trade (CIT) challenging the Department's 
final results.
    In TAISEL v. United States, Slip-Op. 97-40 (April 4, 1997), the CIT 
directed the Department to: (1) Reconsider TAISEL's response to 
determine whether the Department can exclude returned entries of SBTs 
covered by canceled sales from assessment of antidumping duties; and 
(2) assign to TAISEL a best information available (BIA) rate consistent 
with the Federal Circuit's decision in Allied-Signal Aerospace Co. v. 
United States, 996 F.2d 1185 (Fed. Cir. 1993). On July 3, 1997, in its 
remand determination, the Department: (1) Excluded from assessment of 
duties certain entries for which TAISEL provided documentation showing 
that such entries were returned as a result of canceled sales; and (2) 
assigned TAISEL a BIA margin based on the margin recalculated for Tecom 
in the same remand. As a result of this redetermination, the Department 
assigned a BIA margin of 8.24 percent to TAISEL for the POR.
    In Tecom Co. v. United States, Slip-Op. 97-42 (April 4, 1997), the 
CIT directed the Department to: (1) Use Tecom's data contained on a 
computer tape submitted on July 29, 1991; (2) reconsider Tecom's claims 
for circumstance-of-sales adjustments, as well as its claim for an 
adjustment to foreign market value (FMV) for the provision of free 
gifts; and (3) reconsider Tecom's claim for a level-of-trade 
adjustment. In its July 3, 1997, remand determination, the Department: 
(1) Used the data contained on the July 29, 1991, computer tape; (2) 
disallowed Tecom's claimed circumstance-of-sale adjustments as well as 
its claimed adjustment to FMV for free gifts; and (3) granted a level-
of-trade adjustment. As a result of this redetermination, the 
Department calculated a dumping margin of 8.24 percent for Tecom for 
the POR.
    On February 25, 1998, the CIT affirmed these redeterminations.
    In its decision in Timken Co. v. United States, 893 F.2d 337 (Fed. 
Cir. 1990) (Timken), the Court of Appeals for the Federal Circuit 
(CAFC) held that the Department must publish notice of a decision of 
the CIT or the CAFC which is not in harmony with the Department's 
determination. Publication of this notice fulfills that obligation. The 
CAFC also held that the Department must suspend liquidation of the 
subject merchandise until there is a ``conclusive'' decision in the 
case. Therefore, pursuant to Timken, Commerce must suspend liquidation 
pending the expiration of the period to appeal the CIT's February 25, 
1998 ruling or, if that ruling is appealed, pending a final decision by 
the CAFC.

    Dated: April 7, 1998.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 98-10167 Filed 4-15-98; 8:45 am]
BILLING CODE 3510-DS-P